CRM100 W7 CH7
CRM100 W7 CH7
CRM100 W7 CH7
System
Lesson Plan for CRM100, Criminal Justice
Week 7 ; Chapter 7
Prepared by meetu
● Describe the challenges that surround providing judicial services in remote areas
of the country by the circuit courts.
● Identify and describe the professionals who comprise the courtroom workgroup.
● Describe the process by which judges are appointed in Canada and discuss the
issues surrounding this process.
● Identify and discuss the issues surrounding judicial ethics and accountability.
● Discuss the issue of case delay and the impact of the Supreme Court of Canada
decision in R. v.Jordan
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Criminal Courts in Canada
With the exception of Nunavut, there are four levels of courts that deal with Criminal
cases.
1. Provincial/Territorial courts
2. Provincial/Territorial superior courts
3. Provincial appellate courts
4. The Supreme Court Of Canada (SCC)
Problem-solving Courts: Specialized courts that are designed to divert offenders with
special needs from the criminal justice system
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The intent of these problem-solving courts is to shift from an adversarial or legalistic
approach to one centered on treatment and rehabilitation.
- an approach in problem-solving courts that uses the law and the court’s authority
as change agents to promote the health and well-being of offenders, while
ensuring that their legal rights are protected and that justice is done
Indigenous Courts
Section 718.2(e) of the Criminal Code (R.S.C. 1985, c. C-46) requires judges to consider
sentencing options other than incarceration, particularly for Indigenous offenders.
● The principle that the judiciary should make efforts to explore alternative
sentencing options—including the use of restorative justice—was affirmed by the
Supreme Court of Canada in R. v. Gladue ([1999] 1 SCR 688) and established
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● First Nations communities are becoming increasingly involved in
developing community-based courts that are centred on traditional
Indigenous spirituality and cultural practices.
● The Tsuu T’ina Nation Peacemaker Court is located on the Tsuu Nation
near Calgary.
● Helps persons who self-identify as First Nation, Indigenous, Inuit, or Métis and
who are in conflict with the law
To qualify to appear in the court, persons must plead guilty and accept responsibility for
their offences.
Circuit Courts
● In many northern and remote areas, judicial services are often provided via
circuit courts.
● Most of the communities are too small to have courthouses, and so the court is
held in schools, community centres, or other buildings that are available.
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Superior and Supreme Courts in Canada
The Supreme Court was established under the Constitution Act (1867). The governor in
council appoints the nine judges of the Supreme Court.
● Selected from the major regions of the country; however, three of the judges on
the court must be from Quebec
● Decisions of the Supreme Court are final and cannot be appealed.
The Supreme Court receives hundreds of applications for cases to be considered, but
grants only about 10 percent.
● Cases are heard by an odd number of judges—five, seven, or nine—to avoid ties.
● A government asks the Supreme Court for a legal opinion on an important legal
question, a process that is referred to as a reference Or reference case
○ R. v. Morgentaler ([1988] 1 SCR 30) the SCC held that the procedures for
obtaining a therapeutic abortion as defined in s. 287 of the Criminal Code
infringed on the right to security of the person.
○ R. v. Zundel ([1992] 2 SCR 731) the SCC held that the offence of spreading
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false news (s. 181) and even hate literature is constitutionally invalid
because it infringes the fundamental freedoms of thought, belief, opinion,
and expression.
○ R. v. Stinchcombe ([1991] 3 SCR 326) the SCC held that the Crown must
surrender all relevant evidence gathered by police to permit a defendant to
make a full defence to the charges.
Courtroom Workgroup: The criminal justice professionals, including the judge, Crown
counsel, and defence lawyer, present in the criminal court courtroom
The judge interprets the law, assesses whether evidence can be admitted, rules on
motions made by the Crown counsel and defence lawyer, and determines the
truthfulness of evidence.
● In most cases, this also includes making a decision on the guilt or innocence of the
accused and passing sentence.
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Justices of the Peace (JPs) play a variety of roles depending upon the jurisdiction.
● may also preside in small claims courts, work in court registries, and handle court
scheduling
The primary responsibility of the Defence Lawyer is to ensure that the rights of the
accused person are protected throughout the criminal justice process.
● Often actively involved in attempting to negotiate a plea for their client outside of
the formal court process
● Presents evidence and questions witnesses, experts, and others to build a case of
innocence for the accused
● Cross-examines witnesses for the prosecution and challenging the evidence that is
presented by the Crown
Duty counsel is often provided as part of a provincial or territorial legal aid plan to
ensure that persons who cannot afford to hire a private lawyer have representation.
● First point of contact for a person who has been detained or arrested
Crown Counsel are lawyers who represent the Crown (or government) in court and who
are responsible for prosecuting criminal cases.
Other courtroom personnel play important roles in the processing and disposition of
cases.
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variety of administrative tasks.
● Sheriffs support the court by assisting in jury management, escorting accused and
convicted persons, and providing security in the courtroom.
Judges
● Appointments are for life so that, once on the bench, judges need not consider the
career implications when making controversial decisions.
Provincial, territorial, and federal court judges are guided by ethical principles that are
set out in various provincial and territorial documents and, for federally appointed
judges, by the Canadian Judicial Council.
Judicial independence: The notion that judges are not subject to pressure and influence
and are free to make impartial decisions based solely on fact and law
The length of time to complete adult criminal court cases varies across the country, and
cases involving more serious criminal offences or multiple charges take longer to
complete.
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● Case backlog and case delay are due to a number of factors, including
○ A lack of judicial resources,
○ Ineffective use of resources,
○ Too few judges,
○ Complexity of criminal cases,
○ Inadequate case flow management, and
○ Efforts of defence counsel to lengthen the period of time that accused
persons are confined prior to trial on remand
The ruling in the SCC case R. v. Jordan (2016 SCC 27) redefined the constitutional right to
a trial within a reasonable time.
● Prior to Jordan, judges could determine that case delay violated the
constitutionally guaranteed right “to be tried within a reasonable time” under
s.11(b) of the Charter and order a stay of proceedings or dismissal of the charges
● Jordan set presumptive timelines for the disposition of cases in the courts from
the time the person is charged to the actual or anticipated end of trial.
○ 30 months for cases in the superior court (or cases tried in the provincial
court after a preliminary inquiry)
Summary
1. The four levels of courts that deal with criminal cases were discussed, as well as
the role and activities of judges, defence counsel, and Crown counsel.
2. The issues surrounding the appointment of judges were examined, including the
role of politics in the selection process.
4. Unique challenges surround the delivery of court services in remote and northern
communities.
5. There has been an increasing focus on the judiciary, including the lack of diversity
among judges and judicial accountability.
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cases through the criminal justice system
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